Criminal Law and Procedure Relating to Notarial Acts
What the exam tests
Criminal liability and procedure arising from notarial acts: forgery, false documents, cheating, impersonation, perjury, abetment and professional discipline, under the Penal Code No. 2 of 1883 and the Criminal Procedure Code No. 15 of 1979.
Core rules
- Forgery requires making a false document with intent to deceive or cause loss. A notary who knowingly attests a false document may be liable as principal or abettor; negligence may attract discipline but not necessarily crime.
- Impersonation at execution, false national identity cards, backdated deeds and fabricated powers of attorney are common fact patterns.
- The Criminal Procedure Code governs investigation, arrest, bail, indictment and trial. The notary's protocol and office copies are evidence and must not be destroyed.
- Confidentiality yields to statutory reporting duties, especially suspicious transaction reporting under AML law.
- A notary may be compelled to produce records; he should seek legal advice and preserve originals.
Worked example
An impostor attends the notary's office with another person's identity card and signs a transfer as owner. The notary compares the photograph, asks for a second identity document, and records the address. If the notary genuinely took reasonable steps, criminal intent is lacking; if he ignored obvious discrepancies for a fee, forgery or abetment and disciplinary charges may follow.
Traps
Assuming notarization validates a forged signature; destroying the protocol to avoid embarrassment; failing to report suspicion; and confusing professional negligence with criminal fraud.